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2005 Illinois 720 ILCS 5/      Criminal Code of 1961. Title V - Added Articles


      (720 ILCS 5/Tit. V heading)
TITLE V. ADDED ARTICLES

      (720 ILCS 5/Art. 36 heading)
ARTICLE 36. SEIZURE AND FORFEITURE
OF VESSELS, VEHICLES AND AIRCRAFT

    (720 ILCS 5/36‑1)(from Ch. 38, par. 36‑1)
    Sec. 36‑1. Seizure. Any vessel, vehicle or aircraft used with the knowledge and consent of the owner in the commission of, or in the attempt to commit as defined in Section 8‑4 of this Code, an offense prohibited by (a) Section 9‑1, 9‑3, 10‑2, 11‑6, 11‑15.1, 11‑19.1, 11‑19.2, 11‑20.1, 12‑4.1, 12‑4.2, 12‑4.2‑5, 12‑4.3, 12‑4.6, 12‑7.3, 12‑7.4, 12‑13, 12‑14, 18‑2, 19‑1, 19‑2, 19‑3, 20‑1, 20‑2, 20.5‑6, 24‑1.2, 24‑1.2‑5, 24‑1.5, or 28‑1 of this Code, paragraph (a) of Section 12‑4 of this Code, paragraph (a) of Section 12‑15 or paragraphs (a), (c) or (d) of Section 12‑16 of this Code, or paragraph (a)(6) or (a)(7) of Section 24‑1 of this Code; (b) Section 21, 22, 23, 24 or 26 of the Cigarette Tax Act if the vessel, vehicle or aircraft contains more than 10 cartons of such cigarettes; (c) Section 28, 29 or 30 of the Cigarette Use Tax Act if the vessel, vehicle or aircraft contains more than 10 cartons of such cigarettes; (d) Section 44 of the Environmental Protection Act; (e) 11‑204.1 of the Illinois Vehicle Code; (f) the offenses described in the following provisions of the Illinois Vehicle Code: Section 11‑501 subdivisions (c‑1)(1), (c‑1)(2), (c‑1)(3), (d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g) an offense described in subsection (g) of Section 6‑303 of the Illinois Vehicle Code; or (h) an offense described in subsection (e) of Section 6‑101 of the Illinois Vehicle Code; may be seized and delivered forthwith to the sheriff of the county of seizure.
    Within 15 days after such delivery the sheriff shall give notice of seizure to each person according to the following method: Upon each such person whose right, title or interest is of record in the office of the Secretary of State, the Secretary of Transportation, the Administrator of the Federal Aviation Agency, or any other Department of this State, or any other state of the United States if such vessel, vehicle or aircraft is required to be so registered, as the case may be, by mailing a copy of the notice by certified mail to the address as given upon the records of the Secretary of State, the Department of Aeronautics, Department of Public Works and Buildings or any other Department of this State or the United States if such vessel, vehicle or aircraft is required to be so registered. Within that 15 day period the sheriff shall also notify the State's Attorney of the county of seizure about the seizure.
    In addition, any mobile or portable equipment used in the commission of an act which is in violation of Section 7g of the Metropolitan Water Reclamation District Act shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vessels, vehicles and aircraft, and any such equipment shall be deemed a vessel, vehicle or aircraft for purposes of this Article.
    When a person discharges a firearm at another individual from a vehicle with the knowledge and consent of the owner of the vehicle and with the intent to cause death or great bodily harm to that individual and as a result causes death or great bodily harm to that individual, the vehicle shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vehicles used in violations of clauses (a), (b), (c), or (d) of this Section.
    If the spouse of the owner of a vehicle seized for an offense described in subsection (g) of Section 6‑303 of the Illinois Vehicle Code, a violation of subdivision (c‑1)(1), (c‑1)(2), (c‑1)(3), (d)(1)(A), or (d)(1)(D) of Section 11‑501 of the Illinois Vehicle Code, or Section 9‑3 of this Code makes a showing that the seized vehicle is the only source of transportation and it is determined that the financial hardship to the family as a result of the seizure outweighs the benefit to the State from the seizure, the vehicle may be forfeited to the spouse or family member and the title to the vehicle shall be transferred to the spouse or family member who is properly licensed and who requires the use of the vehicle for employment or family transportation purposes. A written declaration of forfeiture of a vehicle under this Section shall be sufficient cause for the title to be transferred to the spouse or family member. The provisions of this paragraph shall apply only to one forfeiture per vehicle. If the vehicle is the subject of a subsequent forfeiture proceeding by virtue of a subsequent conviction of either spouse or the family member, the spouse or family member to whom the vehicle was forfeited under the first forfeiture proceeding may not utilize the provisions of this paragraph in another forfeiture proceeding. If the owner of the vehicle seized owns more than one vehicle, the procedure set out in this paragraph may be used for only one vehicle.
    Property declared contraband under Section 40 of the Illinois Streetgang Terrorism Omnibus Prevention Act may be seized and forfeited under this Article.
(Source: P.A. 93‑187, eff. 7‑11‑03; 94‑329, eff. 1‑1‑06.)

    (720 ILCS 5/36‑1a) (from Ch. 38, par. 36‑1a)
    Sec. 36‑1a. Rights of lienholders and secured parties.
    The State's Attorney shall promptly release a vessel, vehicle or aircraft seized under the provisions of this Article to any lienholder or secured party whose right, title or interest is of record as described in Section 36‑1 if such lienholder or secured party shows to the State's Attorney that his lien or secured interest is bona fide and was created without actual knowledge that such vessel, vehicle or aircraft was used or to be used in the commission of the offense charged.
(Source: Laws 1965, p. 2868.)

    (720 ILCS 5/36‑2) (from Ch. 38, par. 36‑2)
    Sec. 36‑2. Action for forfeiture. (a) The State's Attorney in the county in which such seizure occurs if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the owner of the vessel, vehicle or aircraft or any person whose right, title or interest is of record as described in Section 36‑1, to violate the law, or finds the existence of such mitigating circumstances as to justify remission of the forfeiture, may cause the sheriff to remit the same upon such terms and conditions as the State's Attorney deems reasonable and just. The State's Attorney shall exercise his discretion under the foregoing provision of this Section 36‑2(a) promptly after notice is given in accordance with Section 36‑1. If the State's Attorney does not cause the forfeiture to be remitted he shall forthwith bring an action for forfeiture in the Circuit Court within whose jurisdiction the seizure and confiscation has taken place. The State's Attorney shall give notice of the forfeiture proceeding by mailing a copy of the Complaint in the forfeiture proceeding to the persons, and upon the manner, set forth in Section 36‑1. The owner of the seized vessel, vehicle or aircraft or any person whose right, title, or interest is of record as described in Section 36‑1, may within 20 days after the mailing of such notice file a verified answer to the Complaint and may appear at the hearing on the action for forfeiture. The State shall show at such hearing by a preponderance of the evidence, that such vessel, vehicle or aircraft was used in the commission of an offense described in Section 36‑1. The owner of such vessel, vehicle or aircraft or any person whose right, title, or interest is of record as described in Section 36‑1, may show by a preponderance of the evidence that he did not know, and did not have reason to know, that the vessel, vehicle or aircraft was to be used in the commission of such an offense or that any of the exceptions set forth in Section 36‑3 are applicable. Unless the State shall make such showing, the Court shall order such vessel, vehicle or aircraft released to the owner. Where the State has made such showing, the Court may order the vessel, vehicle or aircraft destroyed; may order it delivered to any local, municipal or county law enforcement agency, or the Department of State Police or the Department of Revenue of the State of Illinois; or may order it sold at public auction.
    (b) A copy of the order shall be filed with the sheriff of the county in which the seizure occurs and with each Federal or State office or agency with which such vessel, vehicle or aircraft is required to be registered. Such order, when filed, constitutes authority for the issuance of clear title to such vehicle, aircraft, or boat to the department or agency to whom it is delivered or any purchaser thereof. The sheriff shall comply promptly with instructions to remit received from the State's Attorney or Attorney General in accordance with Sections 36‑2(a) or 36‑3.
    (c) The proceeds of any sale at public auction pursuant to Section 36‑2 of this Act, after payment of all liens and deduction of the reasonable charges and expenses incurred by the sheriff in storing and selling such vehicle, shall be paid into the general fund of the county of seizure.
(Source: P.A. 84‑25.)

    (720 ILCS 5/36‑3) (from Ch. 38, par. 36‑3)
    Sec. 36‑3. Exceptions to forfeiture.
    (a) No vessel, vehicle, or aircraft used by any person as a common carrier in the transaction of business as such common carrier may be forfeited under the provisions of Section 36‑2 unless it appears that (1) in the case of a railway car or engine, the owner, or (2) in the case of any other such vessel, vehicle or aircraft, the owner or the master of such vessel or the owner or conductor, driver, pilot, or other person in charge of such vehicle or aircraft was at the time of the alleged illegal act a consenting party or privy thereto.
    (b) No vessel, vehicle, or aircraft shall be forfeited under the provisions of Section 36‑2 by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such vessel, vehicle, or aircraft was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any state.
(Source: Laws 1965, p. 2868.)

    (720 ILCS 5/36‑4) (from Ch. 38, par. 36‑4)
    Sec. 36‑4. Remission by Attorney General.
    Whenever any owner of, or other person interested in, a vessel, vehicle, or aircraft seized under the provisions of this Act files with the Attorney General before the sale or destruction of such vessel, vehicle, or aircraft, a petition for the remission of such forfeiture the Attorney General if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the owner or any person whose right, title or interest is of record as described in Section 36‑1, to violate the law, or finds the existence of such mitigating circumstances as to justify the remission of forfeiture, may cause the same to be remitted upon such terms and conditions as he deems reasonable and just, or order discontinuance of any forfeiture proceeding relating thereto.
(Source: Laws 1965, p. 2868.)

      (720 ILCS 5/Art. 37 heading)
ARTICLE 37. PROPERTY FORFEITURE

    (720 ILCS 5/37‑1)(from Ch. 38, par. 37‑1)
    Sec. 37‑1. Maintaining Public Nuisance. Any building used in the commission of offenses prohibited by Sections 9‑1, 10‑1, 10‑2, 11‑14, 11‑15, 11‑16, 11‑17, 11‑20, 11‑20.1, 11‑21, 11‑22, 12‑5.1, 16‑1, 20‑2, 23‑1, 23‑1(a)(1), 24‑1(a)(7), 24‑3, 28‑1, 28‑3, 31‑5 or 39A‑1 of the Criminal Code of 1961, or prohibited by the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act, or used in the commission of an inchoate offense relative to any of the aforesaid principal offenses, or any real property erected, established, maintained, owned, leased, or used by a streetgang for the purpose of conducting streetgang related activity as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act is a public nuisance.
    (b) Sentence. A person convicted of knowingly maintaining such a public nuisance commits a Class A misdemeanor. Each subsequent offense under this Section is a Class 4 felony.
(Source: P.A. 94‑556, eff. 9‑11‑05.)

    (720 ILCS 5/37‑2) (from Ch. 38, par. 37‑2)
    Sec. 37‑2. Enforcement of lien upon public nuisance.
    Any building, used in the commission of an offense specified in Section 37‑1 of this Act with the intentional, knowing, reckless or negligent permission of the owner thereof, or the agent of the owner managing the building, shall, together with the underlying real estate, all fixtures and other property used to commit such an offense, be subject to a lien and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any Section of this Article and to pay to any person not maintaining the nuisance his damages as a consequence of the nuisance; provided, that the lien herein created shall not affect the rights of any purchaser, mortgagee, judgment creditor or other lien holder arising prior to the filing of a notice of such lien in the office of the recorder of the county in which the real estate subject to the lien is located, or in the office of the registrar of titles of such county if that real estate is registered under "An Act concerning land titles" approved May 1, 1897, as amended; which notice shall definitely describe the real estate and property involved, the nature and extent of the lien claimed, and the facts upon which the same is based. An action to enforce such lien may be commenced in any circuit court by the State's Attorney of the county of the nuisance or by the person suffering damages or both, except that a person seeking to recover damages must pursue his remedy within 6 months after the damages are sustained or his cause of action becomes thereafter exclusively enforceable by the State's Attorney of the county of the nuisance.
(Source: P.A. 83‑358.)

    (720 ILCS 5/37‑3) (from Ch. 38, par. 37‑3)
    Sec. 37‑3. Revocation of licenses, permits and certificates.
    All licenses, permits or certificates issued by the State of Illinois or any subdivision or political agency thereof authorizing the serving of food or liquor on any premises found to constitute a public nuisance as described in Section 37‑1 shall be void and shall be revoked by the issuing authority; and no license, permit or certificate so revoked shall be reissued for such premises for a period of 60 days thereafter; nor shall any person convicted of knowingly maintaining such nuisance be reissued such license, permit or certificate for one year from his conviction. No license, permit or certificate shall be revoked pursuant to this Section without a full hearing conducted by the commission or agency which issued the license.
(Source: Laws 1965, p. 403.)

    (720 ILCS 5/37‑4) (from Ch. 38, par. 37‑4)
    Sec. 37‑4. Abatement of nuisance.) The Attorney General of this State or the State's Attorney of the county wherein the nuisance exists may commence an action to abate a public nuisance as described in Section 37‑1 of this Act, in the name of the People of the State of Illinois, in the circuit court. Upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists, the court may without notice or bond enter a temporary restraining order or preliminary injunction to enjoin any defendant from maintaining such nuisance and may enter an order restraining any defendant from removing or interfering with all property used in connection with the public nuisance. If during the proceedings and hearings upon the merits, which shall be in the manner of "An Act in relation to places used for the purpose of using, keeping or selling controlled substances or cannabis", approved July 5, 1957, the existence of the nuisance is established, and it is found that such nuisance was maintained with the intentional, knowing, reckless or negligent permission of the owner or the agent of the owner managing the building, the court shall enter an order restraining all persons from maintaining or permitting such nuisance and from using the building for a period of one year thereafter, except that an owner, lessee or other occupant thereof may use such place if the owner shall give bond with sufficient security or surety approved by the court, in an amount between $1,000 and $5,000 inclusive, payable to the People of the State of Illinois, and including a condition that no offense specified in Section 37‑1 of this Act shall be committed at, in or upon the property described and a condition that the principal obligor and surety assume responsibility for any fine, costs or damages resulting from such an offense thereafter.
(Source: P.A. 83‑342.)

    (720 ILCS 5/37‑5) (from Ch. 38, par. 37‑5)
    Sec. 37‑5. Enforcement by private person.
    A private person may, after 30 days and within 90 days of giving the Attorney General and the State's Attorney of the county of nuisance written notice by certified or registered mail of the fact that a public nuisance as described in Section 37‑1 of this Act, commence an action pursuant to Section 37‑4 of this Act, provided that the Attorney General or the State's Attorney of the county of nuisance has not already commenced said action.
(Source: Laws 1965, p. 403.)

      (720 ILCS 5/Art. 37.5 heading)
ARTICLE 37.5. ANIMAL FIGHTING; FORFEITURE

    (720 ILCS 5/37.5‑5)
    Sec. 37.5‑5. Legislative declaration. The General Assembly finds that the forfeiture of real property that is used or intended to be used in connection with any show, exhibition, program or other activity featuring or otherwise involving a fight between an animal and any other animal or human or the intentional killing of any animal for the purpose of sport, wagering or entertainment, will have a significant beneficial effect in deterring the rising incidence of those activities within this State, as well as other crimes that frequently occur in partnership with animal fighting, such as illegal gambling, possession of narcotics, and weapons violations.
(Source: P.A. 93‑192, eff. 7‑14‑03.)

    (720 ILCS 5/37.5‑10)
    Sec. 37.5‑10. Applicability. A person who commits a felony violation of Section 4.01 of the Humane Care for Animals Act or a felony violation of Section 26‑5 of this Code shall forfeit (i) any moneys, profits, or proceeds the person acquired in whole or in part, as a result of committing the violation and (ii) any real property or interest in real property that the sentencing court determines the person acquired in whole or in part, as a result of committing the violation or the person maintained or used in whole or in part, to facilitate, directly or indirectly, the commission of the violation. The person shall forfeit any interest in, securities, or claim against, or contractual right of any kind that affords the person a source of influence over, any enterprise that the person has established, operated, controlled, conducted, or participated in conducting if the person's relations to or connection with the interest, security, or claim, or contractual right, directly or indirectly, in whole or in part, is traceable to any thing or benefit that the person has obtained or acquired as a result of a felony violation of Section 4.01 of the Humane Care for Animals Act or a felony violation of Section 26‑5 of this Code.
(Source: P.A. 93‑192, eff. 7‑14‑03.)

    (720 ILCS 5/37.5‑15)
    Sec. 37.5‑15. Real property forfeiture.
    (a) Following the arrest of a person or persons for any felony offense under Section 4.01 of the Humane Care for Animals Act or a felony offense under Section 26‑5 of this Code, the State's Attorney of the county in which it occurred or the Attorney General may seek forfeiture of the real property associated with the offense, whether the real property belongs to the person organizing the show, exhibition, program, or other such activity described in subsections (a) through (g) of Section 4.01 of the Humane Care for Animals Act or Section 26‑5 of this Code or to any other person participating in the activity described in subsections (a) through (g) of Section 4.01 of the Humane Care for Animals Act or Section 26‑5 of this Code, who is related to the organization and operation of the activity or to any person who knowingly allowed the activities to occur on his or her premises.
    (b) Real property includes any land, home, house, apartment, building, garage, site, structure, or facility, whether enclosed or not, and any part or section of any land, home, house, apartment, building, garage, site, structure, or facility and any right title, or interest in the whole of any lot or tract of land and any appurtenances or improvements on the land. Real property includes, but is not limited to, any leasehold or possessory interest or beneficial interest in a land trust.
(Source: P.A. 93‑192, eff. 7‑14‑03.)

    (720 ILCS 5/37.5‑20)
    Sec. 37.5‑20. Procedure. Proceedings instituted under this Article shall be subject to and conducted in accordance with the procedures set forth in this Section.
    (a) Notice to owner or interest holder. Whenever notice of pending forfeiture or service of a lis pendens is required under the provisions of this Article, the notice or service shall be given as follows:
        (1) If the owner's or interest holder's name and
    
current address are known, then by either personal service or mailing a copy of the notice by certified mail, return receipt requested, to that address. For purposes of notice under this Section if a person has been arrested for the conduct giving rise to the forfeiture, then the address provided to the arresting agency at the time of arrest shall be deemed to be that person's known address. Provided, however, if an owner or interest holder's address changes prior to the effective date of the notice of pending forfeitures, the owner or interest holder shall promptly notify the seizing agency of the change in address or, if the owner or interest holder's address changes subsequent to the effective date of the notice of pending forfeitures, the owner or interest holder shall promptly notify the State's Attorney or Attorney General of the change in address; or
        (2) If the owner's or interest holder's address is
    
not known, and is not on record as provided in paragraph (1), then by publication for 3 successive weeks in a newspaper of general circulation in the county in which the seizure occurred; or
        (3) Notice served under this Article is effective
    
upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.
    (b) Probable cause hearing. In an action brought by the People of the State of Illinois under this Section, in which a restraining order, injunction, prohibition, lis pendens, or other action in connection with any property or interest subject to forfeiture under this Article is sought, the circuit court presiding over the trial of the person charged with a felony violation of Section 4.01 of the Humane Care for Animals Act or a felony offense under Section 26‑5 of this Code shall first determine whether there is probable cause to believe that the person so charged has committed a felony offense under Section 4.01 of the Humane Care for Animals Act or a felony offense under Section 26‑5 of this Code and whether the property or interest, is subject to forfeiture under this Article. To make that determination before entering an order in connection with that property or interest, the court shall conduct a hearing without a jury, at which the People must establish that there is: (i) probable cause that the person charged committed a felony offense under Section 4.01 of the Humane Care for Animals Act or a felony offense under Section 26‑5 of this Code and (ii) probable cause that the property or interest may be subject to forfeiture under this Article. The hearing may be conducted simultaneously with a preliminary hearing, if the prosecution is commenced by information or complaint, or by motion of the People at any stage in the proceedings. The court may accept, at a preliminary hearing, (i) the filing of an information charging that the defendant committed a felony offense under Section 4.01 of the Humane Care for Animals Act or a felony offense under Section 26‑5 of this Code or (ii) the return of an indictment by a grand jury charging that the defendant committed a felony offense under Section 4.01 of the Humane Care for Animals Act or a felony offense under Section 26‑5 of this Code as sufficient evidence of probable cause that the person committed the offense.
        (1) Upon making a finding of probable cause, the
    
circuit court shall enter a restraining order, injunction, lis pendens, or prohibition or shall take other action in connection with the property or other interest subject to forfeiture under this Article as is necessary to insure that the property is not removed from the jurisdiction of the court, concealed, destroyed, or otherwise disposed of by the owner of that property or interest before a forfeiture hearing under this Article. The State's Attorney shall file a certified copy of the restraining order, injunction, or other prohibition with the recorder or registrar of title of each county in which the property may be located. An injunction, restraining order, or other prohibition issued under this Section does not affect the rights of any bonafide purchaser, mortgagee, judgment creditor, or other lien holder that arose before the date the certified copy is filed.
        (2) The court may at any time, on verified petition
    
by the defendant, conduct a hearing to determine whether all or any portion of the property or interest, which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, lis pendens, prohibition, or other action, should be released. The court may in its discretion release the property to the defendant for good cause shown.
(Source: P.A. 93‑192, eff. 7‑14‑03.)

    (720 ILCS 5/37.5‑25)
    Sec. 37.5‑25. Forfeiture hearing. If real property is subject to seizure for felony violations under Section 4.01 of the Humane Care for Animals Act or felony violations under Section 26‑5 of this Code, upon conviction, the State's Attorney or Attorney General may commence an action by petition in the sentencing court anytime following sentencing of the defendant. The sentencing court shall conduct a hearing to determine whether any property or property interest of the defendant, profits, or proceeds is subject to forfeiture under this Article. At the forfeiture hearing the People have the burden of establishing, by a preponderance of the evidence, that the property or property interest is subject to forfeiture.
        (1) All property declared forfeited under this
    
Article vests in this State on the date of the commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any such property or proceeds subsequently transferred to any person remain subject to forfeiture and thereafter shall be ordered forfeited unless the transferee claims and establishes in a hearing under the provisions of this Article that the transferee's interest is exempt.
        (2) If the State does not show by a preponderance of
    
the evidence or a claimant has established by preponderance of evidence that the claimant has an interest that is exempt under this Article, the court shall order the interest in the property returned or conveyed to the claimant and shall order all other property forfeited to the State. If the State does show by a preponderance of the evidence that the property interest is subject to forfeiture, and the claimant does not establish by a preponderance of evidence that the claimant has an interest that is exempt under this Article, the court shall order all real property forfeited to the State.
        (3) A defendant convicted in any criminal proceeding
    
is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding under this Article regardless of the pendency of an appeal from that conviction. However, evidence of the pendency of an appeal is admissible.
(Source: P.A. 93‑192, eff. 7‑14‑03.)

    (720 ILCS 5/37.5‑30)
    Sec. 37.5‑30. Exemptions from forfeiture.
    (a) A property interest is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that the owner or interest holder:
        (1) in the case of real property is not legally
    
accountable for the conduct giving rise to the forfeiture, or did not solicit, conspire, or attempt to commit the conduct giving rise to the forfeiture; and
        (2) had not acquired and did not stand to acquire
    
proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arms length commercial transaction; and
        (3) does not hold the property for the benefit of or
    
as a nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture; and
        (4) that the owner or interest holder acquired the
    
interest:
            (i) before the commencement of the conduct
        
giving rise to its forfeiture and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
            (ii) after the commencement of the conduct
        
giving rise to its forfeiture, and the owner or interest holder acquired the interest as a mortgagee, secured creditor, lienholder, or bona fide purchaser for value without knowledge of the conduct which gave rise to the forfeiture; and
            (iii) in the case of real estate, before the
        
filing in the office of the recorder of the county in which the real estate is located of a notice of a lis pendens notice.
        (5)(A) With respect to a property interest in
    
existence at the time the illegal conduct giving rise to the forfeiture took place,
            (i) did not know of the conduct giving rise to
        
forfeiture; or
            (ii) upon learning of the conduct giving rise to
        
the forfeiture, did all that reasonably could be expected under the circumstances to terminate such use of the property.
            (B)(i) For the purposes of this paragraph (5),
        
ways in which a person may show that he or she did all that reasonably could be expected may include demonstrating that he or she, to the extent permitted by law:
                (I) gave timely notice to an appropriate law
            
enforcement agency of information that led the person to know the conduct giving rise to a forfeiture would occur or has occurred; and
                (II) in a timely fashion revoked or made a
            
good faith attempt to revoke permission for those engaging in such conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
            (ii) A person is not required by this
        
subparagraph to take steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
    (b) If the court determines, in accordance with this Section, that an innocent owner has a partial interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in that property, the court may enter an appropriate order:
        (1) severing the property;
        (2) transferring the property to the State with a
    
provision that the State compensate the innocent owner to the extent of his or her ownership interest once a final order of forfeiture has been entered and the property has been reduced to liquid assets; or
        (3) permitting the innocent owner to retain the
    
property subject to a lien in favor of the State to the extent of the forfeitable interest in the property.
    (c) In this Section, the term "owner":
        (1) means a person with an ownership interest in the
    
specific property sought to be forfeited, including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an ownership interest; and
        (2) does not include:
            (i) a person with only a general unsecured
        
interest in, or claim against, the property or estate of another;
            (ii) a bailee unless the bailor is identified
        
and the bailee shows a colorable legitimate interest in the property seized; or
            (iii) a nominee who exercises no dominion or
        
control over the property.
(Source: P.A. 93‑192, eff. 7‑14‑03.)

    (720 ILCS 5/37.5‑35)
    Sec. 37.5‑35. Settlement of claims. Notwithstanding other provisions of this Article, the State's Attorney and a claimant of seized property may enter into an agreed upon settlement concerning the property subject to forfeiture in such an amount and upon such terms as are set out in writing in a settlement agreement.
(Source: P.A. 93‑192, eff. 7‑14‑03.)

    (720 ILCS 5/37.5‑40)
    Sec. 37.5‑40. Judicial review. If property has been declared forfeited under this Article, any person who has an interest in the property declared forfeited may, within 30 days of the effective date of the notice of the declaration of forfeiture, file a claim and cost bond and apply to the court for reconsideration based upon his or her interest in the property.
(Source: P.A. 93‑192, eff. 7‑14‑03.)

    (720 ILCS 5/37.5‑45)
    Sec. 37.5‑45. Disposal of property. Real property taken or detained under this Section is not subject to replevin, but is deemed to be in the custody of the Director of State Police subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney or Attorney General under this Article.
    (1) When property is forfeited under this Article, the Director of State Police shall sell all such property and shall distribute the proceeds of the sale, together with any moneys forfeited or seized in accordance with paragraph (2).
    (2) All monies and the sale proceeds of all other property forfeited and seized under this Article shall be distributed as follows:
        (A) 65% shall be distributed to the local,
    
municipal, county, or State law enforcement agency or agencies that conducted or participated in the investigation resulting in the forfeiture. The distributions shall bear a reasonable relationship to the degree of direct participation of the law enforcement agency in the effort resulting in the forfeiture, taking into account the total value of the property forfeited and the total law enforcement effort with respect to the violation of the law upon which the forfeiture is based.
        (B) 12.5% shall be distributed to the Office of the
    
State's Attorney of the county in which the prosecution resulting in the forfeiture was instituted for use in the enforcement of laws, including animal fighting.
        (C) 12.5% shall be distributed to the Illinois
    
Department of Agriculture for use of expenses incurred in the investigation, prosecution, and appeal of cases arising under laws governing animal fighting.
        (D) 10% shall be retained by the Department of State
    
Police for expenses related to the administration and sale of seized and forfeited property.
(Source: P.A. 93‑192, eff. 7‑14‑03.)

      (720 ILCS 5/Art. 38 heading)
ARTICLE 38. CRIMINALLY OPERATED BUSINESSES

    (720 ILCS 5/38‑1) (from Ch. 38, par. 38‑1)
    Sec. 38‑1. Forfeiture of charter and revocation of certificate.
    The State's Attorney is authorized to institute civil proceedings in the Circuit Court to forfeit the charter of a corporation organized under the laws of this State or to revoke the certificate authorizing a foreign corporation to conduct business in this State. The Court may order the charter forfeited or the certificate revoked upon finding (a) that a director, officer, employee, agent or stockholder acting in behalf of the corporation has, in conducting the corporation's affairs, purposely engaged in a persistent course of intimidation, coercion, bribery or other such illegal conduct with the intent to compel other persons, firms, or corporations to deal with such corporation, and (b) that for the prevention of future illegal conduct of the same character, the public interest requires the charter of the corporation to be forfeited and the corporation to be dissolved or the certificate to be revoked.
(Source: Laws 1965, p. 1222.)

    (720 ILCS 5/38‑2) (from Ch. 38, par. 38‑2)
    Sec. 38‑2. Enjoining operation of a business.
    The State's Attorney is authorized to institute civil proceedings in the Circuit Court to enjoin the operation of any business other than a corporation, including a partnership, joint venture or sole proprietorship. The Court may grant the injunction upon finding that (a) any person in control of any such business, who may be a partner in a partnership, a participant in a joint venture, the owner of a sole proprietorship, an employee or agent of any such business, or a person who, in fact, exercises control over the operations of any such business, has, in conducting its business affairs, purposely engaged in a persistent course of intimidation, coercion, bribery or other such illegal conduct with the intent to compel other persons, firms, or corporations to deal with such business, and (b) that for the prevention of future illegal conduct of the same character, the public interest requires the operation of the business to be enjoined.
(Source: Laws 1965, p. 1222.)

    (720 ILCS 5/38‑3) (from Ch. 38, par. 38‑3)
    Sec. 38‑3. Institution and conduct of proceedings.) (a) The proceedings authorized by Section 38‑1 may be instituted against a corporation in any county in which it is doing business and the proceedings shall be conducted in accordance with the Civil Practice Law and all existing and future amendments of that Law and the Supreme Court Rules now or hereafter adopted in relation to that Law. Such proceedings shall be deemed additional to any other proceeding authorized by law for the purpose of forfeiting the charter of a corporation or revoking the certificate of a foreign corporation.
    (b) The proceedings authorized by Section 38‑2 may be instituted against a business other than a corporation in any county in which it is doing business and the proceedings shall be conducted in accordance with the Civil Practice Law and all existing and future amendments of that Law and the Supreme Court Rules now or hereafter adopted in relation to that Law.
    (c) Whenever proceedings are instituted against a corporation or business pursuant to Section 38‑1 or 38‑2, the State's Attorney shall give written notice of the institution of such proceedings to the corporation or business against which the proceedings are brought.
(Source: P.A. 82‑783.)

      (720 ILCS 5/Art. 39 heading)
ARTICLE 39. CRIMINAL USURY

    (720 ILCS 5/39‑1) (from Ch. 38, par. 39‑1)
    Sec. 39‑1. Criminal Usury.
    (a) Any person commits criminal usury when, in exchange for either a loan of money or other property or forbearance from the collection of such a loan, he knowingly contracts for or receives from an individual, directly or indirectly, interest, discount or other consideration at a rate greater than 20% per annum either before or after the maturity of the loan.
    (b) When a person has in his personal or constructive possession records, memoranda, or other documentary record of usurious loans it shall be prima facie evidence that he has violated Subsection 39‑1(a) hereof.
(Source: P.A. 76‑1879.)

    (720 ILCS 5/39‑2) (from Ch. 38, par. 39‑2)
    Sec. 39‑2. Sentence.
    Criminal usury is a Class 4 felony.
(Source: P. A. 77‑2638.)

    (720 ILCS 5/39‑3) (from Ch. 38, par. 39‑3)
    Sec. 39‑3. Non‑application to licensed persons. This Article does not apply to any loan authorized to be made by any person licensed under the Consumer Installment Loan Act, approved August 30, 1963, as heretofore or hereafter amended, or to any loan permitted by Sections 4, 4.2 and 4a of "An Act in relation to the rate of interest and other charges in connection with sales on credit and the lending of money", approved May 24, 1879, as heretofore or hereafter amended, or by any other law of this State.
(Source: P.A. 84‑1004.)

      (720 ILCS 5/Art. 42 heading)
ARTICLE 42. LOOTING

    (720 ILCS 5/42‑1) (from Ch. 38, par. 42‑1)
    Sec. 42‑1. Looting by individuals. A person commits looting when he knowingly without authority of law or the owner enters any home or dwelling, or upon any premises of another, or enters any commercial, mercantile, business or industrial building, plant or establishment, in which normal security of property is not present by virtue of a hurricane, fire or vis major of any kind or by virtue of a riot, mob, or other human agency and obtains or exerts control over property of the owner.
(Source: Laws 1967, p. 2598.)

    (720 ILCS 5/42‑2) (from Ch. 38, par. 42‑2)
    Sec. 42‑2. Sentence.
    Looting is a Class 4 felony. In addition to any other penalty imposed, the Court shall impose a sentence of at least 100 hours of community service as determined by the Court and shall require the defendant to make restitution to the owner of the property looted pursuant to Section 5‑5‑6 of the Unified Code of Corrections.
(Source: P.A. 87‑1170.)

      (720 ILCS 5/Art. 44 heading)
ARTICLE 44. TELECOMMUNICATIONS DEVICES

    (720 ILCS 5/44‑1) (from Ch. 38, par. 44‑1)
    Sec. 44‑1. As used in this Act, "telecommunications device" or "device" means a device which is portable or which may be installed in a motor vehicle, boat or other means of transportation, and which is capable of receiving or transmitting speech, data, signals or other information, including but not limited to paging devices, cellular and mobile telephones, and radio transceivers, transmitters and receivers, but not including radios designed to receive only standard AM and FM broadcasts.
(Source: P.A. 86‑811.)

    (720 ILCS 5/44‑2)(from Ch. 38, par. 44‑2)
    Sec. 44‑2. (a) A person commits unlawful transfer of a telecommunications device to a minor when he gives, sells or otherwise transfers possession of a telecommunications device to a person under 18 years of age with the intent that the device be used to commit any offense under this Code, the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
    (b) Unlawful transfer of a telecommunications device to a minor is a Class A misdemeanor.
(Source: P.A. 94‑556, eff. 9‑11‑05.)

    (720 ILCS 5/44‑3)(from Ch. 38, par. 44‑3)
    Sec. 44‑3. (a) Seizure. Any telecommunications device possessed by a person on the real property of any elementary or secondary school without the authority of the school principal, or used in the commission of an offense prohibited by this Code, the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act or which constitutes evidence of the commission of such offenses may be seized and delivered forthwith to the investigating law enforcement agency. A person who is not a student of the particular elementary or secondary school, who is on school property as an invitee of the school, and who has possession of a telecommunication device for lawful and legitimate purposes, shall not need to obtain authority from the school principal to possess the telecommunication device on school property. Such telecommunication device shall not be seized unless it was used in the commission of an offense specified above, or constitutes evidence of such an offense. Within 15 days after such delivery the investigating law enforcement agency shall give notice of seizure to any known owners, lienholders and secured parties of such property. Within that 15 day period the investigating law enforcement agency shall also notify the State's Attorney of the county of seizure about the seizure.
    (b) Rights of lienholders and secured parties.
    The State's Attorney shall promptly release a telecommunications device seized under the provisions of this Article to any lienholder or secured party if such lienholder or secured party shows to the State's Attorney that his lien or security interest is bona fide and was created without actual knowledge that such telecommunications device was or possessed in violation of this Section or used or to be used in the commission of the offense charged.
    (c) Action for forfeiture. (1) The State's Attorney in the county in which such seizure occurs if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the owner of the telecommunications device or a lienholder or secured party to violate the law, or finds the existence of such mitigating circumstances as to justify remission of the forfeiture, may cause the investigating law enforcement agency to remit the same upon such terms and conditions as the State's Attorney deems reasonable and just. The State's Attorney shall exercise his discretion under the foregoing provision of this Section promptly after notice is given in accordance with subsection (a). If the State's Attorney does not cause the forfeiture to be remitted he shall forthwith bring an action for forfeiture in the circuit court within whose jurisdiction the seizure and confiscation has taken place. The State's Attorney shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to the persons and in the manner set forth in subsection (a). The owner of the device or any person with any right, title, or interest in the device may within 20 days after the mailing of such notice file a verified answer to the complaint and may appear at the hearing on the action for forfeiture. The State shall show at such hearing by a preponderance of the evidence that the device was used in the commission of an offense described in subsection (a). The owner of the device or any person with any right, title, or interest in the device may show by a preponderance of the evidence that he did not know, and did not have reason to know, that the device was possessed in violation of this Section or to be used in the commission of such an offense or that any of the exceptions set forth in subsection (d) are applicable. Unless the State shall make such showing, the Court shall order the device released to the owner. Where the State has made such showing, the Court may order the device destroyed; may upon the request of the investigating law enforcement agency, order it delivered to any local, municipal or county law enforcement agency, or the Department of State Police or the Department of Revenue of the State of Illinois; or may order it sold at public auction.
    (2) A copy of the order shall be filed with the investigating law enforcement agency of the county in which the seizure occurs. Such order, when filed, confers ownership of the device to the department or agency to whom it is delivered or any purchaser thereof. The investigating law enforcement agency shall comply promptly with instructions to remit received from the State's Attorney or Attorney General in accordance with paragraph (1) of this subsection or subsection (d).
    (3) The proceeds of any sale at public auction pursuant to this subsection, after payment of all liens and deduction of the reasonable charges and expenses incurred by the investigating law enforcement agency in storing and selling the device, shall be paid into the general fund of the level of government responsible for the operation of the investigating law enforcement agency.
    (d) Exceptions to forfeiture. (b) No device shall be forfeited under the provisions of subsection (c) by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than the owner while the device was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any state.
    (e) Remission by Attorney General. Whenever any owner of, or other person interested in, a device seized under the provisions of this Section files with the Attorney General before the sale or destruction of the device a petition for the remission of such forfeiture the Attorney General if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the owner or any person with any right, title or interest in the device to violate the law, or finds the existence of such mitigating circumstances as to justify the remission of forfeiture, may cause the same to be remitted upon such terms and conditions as he deems reasonable and just, or order discontinuance of any forfeiture proceeding relating thereto.
(Source: P.A. 94‑556, eff. 9‑11‑05.)

      (720 ILCS 5/Art. 45 heading)
ARTICLE 45. DISCLOSING LOCATION
OF DOMESTIC VIOLENCE VICTIM

    (720 ILCS 5/45‑1) (from Ch. 38, par. 45‑1)
    Sec. 45‑1. Definitions. As used in this Article:
    (a) "Domestic violence" means attempting to cause or causing abuse of a family or household member or high‑risk adult with disabilities, or attempting to cause or causing neglect or exploitation of a high‑risk adult with disabilities which threatens the adult's health and safety.
    (b) "Family or household member" means a spouse, person living as a spouse, parent, or other adult person related by consanguinity or affinity, who is residing or has resided with the person committing domestic violence. "Family or household member" includes a high‑risk adult with disabilities who resides with or receives care from any person who has the responsibility for a high‑risk adult as a result of a family relationship or who has assumed responsibility for all or a portion of the care of an adult with disabilities voluntarily, by express or implied contract, or by court order.
    (c) "High‑risk adult with disabilities" means a person aged 18 or over whose physical or mental disability impairs his or her ability to seek or obtain protection from abuse, neglect, or exploitation.
    (d) "Abuse", "exploitation", and "neglect" have the meanings ascribed to those terms in Section 103 of the Illinois Domestic Violence Act of 1986.
(Source: P.A. 87‑441; 88‑45.)

    (720 ILCS 5/45‑2) (from Ch. 38, par. 45‑2)
    Sec. 45‑2. Disclosure of location of domestic violence victim. Any person who publishes, disseminates or otherwise discloses the location of any domestic violence victim, without the authorization of that domestic violence victim, knowing that such disclosure will result in, or has the substantial likelihood of resulting in, the threat of bodily harm, is guilty of a Class A misdemeanor. Nothing in this Section shall apply to confidential communications between an attorney and his or her client.
(Source: P.A. 87‑441; 88‑45.)

      (720 ILCS 5/Art. 46 heading)
ARTICLE 46. INSURANCE FRAUD, FRAUD ON THE GOVERNMENT,
AND RELATED OFFENSES

    (720 ILCS 5/46‑1)
    Sec. 46‑1. Insurance fraud.
    (a) A person commits the offense of insurance fraud when he or she knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of an insurance company or self‑insured entity by the making of a false claim or by causing a false claim to be made on any policy of insurance issued by an insurance company or by the making of a false claim to a self‑insured entity, intending to deprive an insurance company or self‑insured entity permanently of the use and benefit of that property.
    (b) Sentence.
        (1) A violation of this Section in which the value
    
of the property obtained or attempted to be obtained is $300 or less is a Class A misdemeanor.
        (2) A violation of the Section in which the value of
    
the property obtained or attempted to be obtained is more than $300 but not more than $10,000 is a Class 3 felony.
        (3) A violation of this Section in which the value
    
of the property obtained or attempted to be obtained is more than $10,000 but not more than $100,000 is a Class 2 felony.
        (4) A violation of this Section in which the value
    
of the property obtained or attempted to be obtained is more than $100,000 is a Class 1 felony.
        (5) A person convicted of insurance fraud, vendor
    
fraud, or a federal criminal violation associated with defrauding the Medicaid program shall be ordered to pay monetary restitution to the insurance company or self‑insured entity or any other person for any financial loss sustained as a result of a violation of this Section, including any court costs and attorney fees. An order of restitution also includes expenses incurred and paid by the State of Illinois or an insurance company or self‑insured entity in connection with any medical evaluation or treatment services.
    (c) For the purposes of this Article, where the exact value of property obtained or attempted to be obtained is either not alleged by the accused or not specifically set by the terms of a policy of insurance, the value of the property shall be the fair market replacement value of the property claimed to be lost, the reasonable costs of reimbursing a vendor or other claimant for services to be rendered, or both.
    (d) Definitions. For the purposes of this Article:
        (1) "Insurance company" means "company" as defined
    
under Section 2 of the Illinois Insurance Code.
        (2) "Self‑insured entity" means any person,
    
business, partnership, corporation, or organization that sets aside funds to meet his, her, or its losses or to absorb fluctuations in the amount of loss, the losses being charged against the funds set aside or accumulated.
        (3) "Obtain", "obtains control", "deception",
    
"property" and "permanent deprivation" have the meanings ascribed to those terms in Article 15 of this Code.
        (4) "Governmental entity" means each officer, board,
    
commission, and agency created by the constitution, whether in the executive, legislative, or judicial branch of State government; each officer, department, board, commission, agency, institution, authority, university, and body politic and corporate of the State; each administrative unit or corporate outgrowth of State government that is created by or pursuant to statute, including units of local government and their officers, school districts, and boards of election commissioners; and each administrative unit or corporate outgrowth of the above and as may be created by executive order of the Governor.
        (5) "False claim" means any statement made to any
    
insurer, purported insurer, servicing corporation, insurance broker, or insurance agent, or any agent or employee of the entities, and made as part of, or in support of, a claim for payment or other benefit under a policy of insurance, or as part of, or in support of, an application for the issuance of, or the rating of, any insurance policy, when the statement contains any false, incomplete, or misleading information concerning any fact or thing material to the claim, or conceals the occurrence of an event that is material to any person's initial or continued right or entitlement to any insurance benefit or payment, or the amount of any benefit or payment to which the person is entitled.
        (6) "Statement" means any assertion, oral, written,
    
or otherwise, and includes, but is not limited to, any notice, letter, or memorandum; proof of loss; bill of lading; receipt for payment; invoice, account, or other financial statement; estimate of property damage; bill for services; diagnosis or prognosis; prescription; hospital, medical or dental chart or other record, x‑ray, photograph, videotape, or movie film; test result; other evidence of loss, injury, or expense; computer‑generated document; and data in any form.
(Source: P.A. 94‑577, eff. 1‑1‑06.)

    (720 ILCS 5/46‑1.1)
    Sec. 46‑1.1. Fraud on a governmental entity.
    (a) A person commits the offense of fraud on a governmental entity when he or she knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of any governmental entity by the making of a false claim of bodily injury or of damage to or loss or theft of property or by causing a false claim of bodily injury or of damage to or loss or theft of property to be made against the governmental entity, intending to deprive the governmental entity permanently of the use and benefit of that property.
    (b) Sentence.
        (1) A violation of this Section in which the value
    
of the property obtained or attempted to be obtained is $300 or less is a Class A misdemeanor.
        (2) A violation of this Section in which the value
    
of the property obtained or attempted to be obtained is more than $300 but not more than $10,000 is a Class 3 felony.
        (3) A violation of this Section in which the value
    
of the property obtained or attempted to be obtained is more than $10,000 but not more than $100,000 is a Class 2 felony.
        (4) A violation of this Section in which the value
    
of the property obtained or attempted to be obtained is more than $100,000 is a Class 1 felony.
(Source: P.A. 90‑333, eff. 1‑1‑98; 91‑232, eff. 1‑1‑00.)

    (720 ILCS 5/46‑2)
    Sec. 46‑2. Aggravated fraud.
    (a) A person commits the offense of aggravated fraud when he or she, within an 18 month period, obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of an insurance company or insurance companies, a self‑insured entity or self‑insured entities, or any governmental entity or governmental entities by the making of 3 or more false claims or by causing 3 or more false claims to be made arising out of separate incidents or transactions in violation of Section 46‑1 or 46‑1.1 of this Code.
    (b) Sentence. A violation of this Section is a Class 1 felony, regardless of the value of the property obtained, attempted to be obtained, or caused to be obtained.
(Source: P.A. 90‑333, eff. 1‑1‑98; 91‑232, eff. 1‑1‑00.)

    (720 ILCS 5/46‑3)
    Sec. 46‑3. Conspiracy to commit fraud.
    (a) A person commits conspiracy to commit fraud when, with the intent that a violation of Section 46‑1, 46‑1.1, or 46‑2 of this Code be committed, he agrees with another to violate Section 46‑1, 46‑1.1, or 46‑2. No person may be convicted of conspiracy to commit fraud unless an overt act or acts in furtherance of the agreement is alleged and proved to have been committed by him or by a co‑conspirator and the accused is a part of a common scheme or plan to engage in the unlawful activity. Where the offense agreed to be committed is a violation of Section 46‑2, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of Section 46‑1 or 46‑1.1 need not be the same person or persons for each violation, as long as the accused was a part of the common scheme or plan to engage in each of the 3 or more alleged violations.
    (b) It is not a defense to conspiracy to commit fraud that the person or persons with whom the accused is alleged to have conspired:
        (1) have not been prosecuted or convicted;
        (2) have been convicted of a different offense;
        (3) are not amenable to justice;
        (4) have been acquitted; or
        (5) lacked the capacity to commit an offense.
    (c) Notwithstanding Section 8‑5 of this Code, a person may be convicted and sentenced both for the offense of conspiracy to commit fraud and for any other offense that is the object of the conspiracy.
    (d) Conspiracy to commit fraud involving a violation of Section 46‑1 or 46‑1.1 of this Code is a Class 2 felony. Insurance fraud conspiracy involving a violation of Section 46‑2 of this Code is a Class 1 felony.
(Source: P.A. 90‑333, eff. 1‑1‑98.)

    (720 ILCS 5/46‑4)
    Sec. 46‑4. Organizer of an aggravated fraud conspiracy.
    (a) A person commits the offense of being an organizer of an aggravated fraud conspiracy when he:
        (1) with the intent that a violation of Section 46‑2
    
of this Code be committed, agrees with another to the commission of that offense; and
        (2) with respect to other persons within the
    
conspiracy, occupies a position of organizer, supervisor, financer, or other position of management.
    No person may be convicted of the offense of being an organizer of an aggravated fraud conspiracy unless an overt act or acts in furtherance of the agreement is alleged and proved to have been committed by him or by a co‑conspirator and the accused is part of a common scheme or plan to engage in the unlawful activity. For the purposes of this Section, the person or persons with whom the accused is alleged to have agreed to commit the 3 or more violations of Section 46‑1 or 46‑1.1 of this Code need not be the same person or persons for each violation, as long as the accused occupied a position of organizer, supervisor, financer, or other position of management in each of the 3 or more alleged violations.
    (b) It is not a defense to the offense of being an organizer of an aggravated fraud conspiracy that the person or persons with whom the accused is alleged to have conspired:
        (1) have not been prosecuted or convicted;
        (2) have been convicted of a different offense;
        (3) are not amenable to justice;
        (4) have been acquitted; or
        (5) lacked the capacity to commit an offense.
    (c) Notwithstanding Section 8‑5 of this Code, a person may be convicted and sentenced both for the offense of being an organizer of an aggravated fraud conspiracy and for any other offense that is the object of the conspiracy.
    (d) The offense of being an organizer of an aggravated fraud conspiracy is a Class X felony.
(Source: P.A. 90‑333, eff. 1‑1‑98; 91‑357, eff. 7‑29‑99.)

    (720 ILCS 5/46‑5)
    Sec. 46‑5. Civil damages for insurance fraud or fraud on a governmental entity.
    (a) A person who knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of any insurance company by the making of a false claim or by causing a false claim to be made on a policy of insurance issued by an insurance company, or by the making of a false claim or by causing a false claim to be made to a self‑insured entity intending to deprive an insurance company or self‑insured entity permanently of the use and benefit of that property, shall be civilly liable to the insurance company or self‑insured entity that paid the claim or against whom the claim was made or to the subrogee of that insurance company or self‑insured entity in an amount equal to either 3 times the value of the property wrongfully obtained or, if no property was wrongfully obtained, twice the value of the property attempted to be obtained, whichever amount is greater, plus reasonable attorneys fees. A person who knowingly obtains, attempts to obtain, or causes to be obtained, by deception, control over the property of a governmental entity by the making of a false claim of bodily injury or of damage to or loss or theft of property, intending to deprive the governmental entity permanently of the use and benefit of that property, shall be civilly liable to the governmental entity that paid the claim or against whom the claim was made or to the subrogee of the governmental entity in an amount equal to either 3 times the value of the property wrongfully obtained or, if property was not wrongfully obtained, twice the value of the property attempted to be obtained, whichever amount is greater, plus reasonable attorneys fees.
    (b) An insurance company or self‑insured entity that brings an action against a person under subsection (a) of this Section in bad faith shall be liable to that person for twice the value of the property claimed, plus reasonable attorneys fees. In determining whether an insurance company or self‑insured entity acted in bad faith, the court shall relax the rules of evidence to allow for the introduction of any facts or other information on which the insurance company or self‑insured entity may have relied in bringing an action under subsection (a) of this Section.
    (c) For the purposes of this Section, where the exact value of the property attempted to be obtained is either not alleged by the claimant or not specifically set by the terms of a policy of insurance, the value of the property shall be the fair market replacement value of the property claimed to be lost, the reasonable costs of reimbursing a vendor or other claimant for services to be rendered, or both.
(Source: P.A. 90‑333, eff. 1‑1‑98; 91‑232, eff. 1‑1‑00.)

    (720 ILCS 5/46‑6)
    Sec. 46‑6. Actions by State licensing agencies.
    (a) All State licensing agencies, the Illinois State Police, and the Department of Financial and Professional Regulation shall coordinate enforcement efforts relating to acts of insurance fraud.
    (b) If a person who is licensed or registered under the laws of the State of Illinois to engage in a business or profession is convicted of or pleads guilty to engaging in an act of insurance fraud, the Illinois State Police must forward to each State agency by which the person is licensed or registered a copy of the conviction or plea and all supporting evidence.
    (c) Any agency that receives information under this Section shall, not later than 6 months after the date on which it receives the information, publicly report the final action taken against the convicted person, including but not limited to the revocation or suspension of the license or any other disciplinary action taken.
(Source: P.A. 94‑577, eff. 1‑1‑06.)

      (720 ILCS 5/Art. 47 heading)
ARTICLE 47. NUISANCE

    (720 ILCS 5/47‑5)
    Sec. 47‑5. Public nuisance. It is a public nuisance:
    (1) To cause or allow the carcass of an animal or offal, filth, or a noisome substance to be collected, deposited, or to remain in any place to the prejudice of others.
    (2) To throw or deposit offal or other offensive matter or the carcass of a dead animal in a water course, lake, pond, spring, well, or common sewer, street, or public highway.
    (3) To corrupt or render unwholesome or impure the water of a spring, river, stream, pond, or lake to the injury or prejudice of others.
    (4) To obstruct or impede, without legal authority, the passage of a navigable river or waters.
    (5) To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places.
    (6) To carry on the business of manufacturing gunpowder, nitroglycerine, or other highly explosive substances, or mixing or grinding the materials for those substances, in a building within 20 rods of a valuable building erected at the time the business is commenced.
    (7) To establish powder magazines near incorporated towns, at a point different from that appointed according to law by the corporate authorities of the town, or within 50 rods of an occupied dwelling house.
    (8) To erect, continue, or use a building or other place for the exercise of a trade, employment, or manufacture that, by occasioning noxious exhalations, offensive smells, or otherwise, is offensive or dangerous to the health of individuals or of the public.
    (9) To advertise wares or occupation by painting notices of the wares or occupation on or affixing them to fences or other private property, or on rocks or other natural objects, without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities.
    (10) To permit a well drilled for oil, gas, salt water disposal, or any other purpose in connection with the production of oil and gas to remain unplugged after the well is no longer used for the purpose for which it was drilled.
    (11) To construct or operate a salt water pit or oil field refuse pit, commonly called a "burn out pit", so that salt water, brine, or oil field refuse or other waste liquids may escape from the pit in a manner except by the evaporation of the salt water or brine or by the burning of the oil field waste or refuse.
    (12) To permit concrete bases, discarded machinery, and materials to remain around an oil or gas well, or to fail to fill holes, cellars, slush pits, and other excavations made in connection with the well or to restore the surface of the lands surrounding the well to its condition before the drilling of the well, upon abandonment of the oil or gas well.
    (13) To permit salt water, oil, gas, or other wastes from a well drilled for oil, gas, or exploratory purposes to escape to the surface, or into a mine or coal seam, or into an underground fresh water supply, or from one underground stratum to another.
    (14) To harass, intimidate, or threaten a person who is about to sell or lease or has sold or leased a residence or other real property or is about to buy or lease or has bought or leased a residence or other real property, when the harassment, intimidation, or threat relates to a person's attempt to sell, buy, or lease a residence, or other real property, or refers to a person's sale, purchase, or lease of a residence or other real property.
    (15) To store, dump, or permit the accumulation of debris, refuse, garbage, trash, tires, buckets, cans, wheelbarrows, garbage cans, or other containers in a manner that may harbor mosquitoes, flies, insects, rodents, nuisance birds, or other animal pests that are offensive, injurious, or dangerous to the health of individuals or the public.
    (16) To create a condition, through the improper maintenance of a swimming pool or wading pool, or by causing an action that alters the condition of a natural body of water, so that it harbors mosquitoes, flies, or other animal pests that are offensive, injurious, or dangerous to the health of individuals or the public.
    (17) To operate a tanning facility without a valid permit under the Tanning Facility Permit Act.
    Nothing in this Section shall be construed to prevent the corporate authorities of a city, village, or incorporated town, or the county board of a county, from declaring what are nuisances and abating them within their limits. Counties have that authority only outside the corporate limits of a city, village, or incorporated town.
(Source: P.A. 89‑234, eff. 1‑1‑96.)

    (720 ILCS 5/47‑10)
    Sec. 47‑10. Dumping garbage. It is unlawful for a person to dump or place garbage or another offensive substance within the corporate limits of a city, village, or incorporated town other than (1) the city, village, or incorporated town within the corporate limits of which the garbage or other offensive substance originated or (2) a city, village, or incorporated town that has contracted with the city, village, or incorporated town within which the garbage originated, for the joint collection and disposal of garbage; nor shall the garbage or other offensive substance be dumped or placed within a distance of one mile of the corporate limits of any other city, village, or incorporated town.
    A person violating this Section is guilty of a petty offense.
(Source: P.A. 89‑234, eff. 1‑1‑96.)

    (720 ILCS 5/47‑15)
    Sec. 47‑15. Dumping garbage upon real property.
    (a) It is unlawful for a person to dump, deposit, or place garbage, rubbish, trash, or refuse upon real property not owned by that person without the consent of the owner or person in possession of the real property.
    (b) A person who violates this Section is liable to the owner or person in possession of the real property on which the garbage, rubbish, trash, or refuse is dumped, deposited, or placed for the reasonable costs incurred by the owner or person in possession for cleaning up and properly disposing of the garbage, rubbish, trash, or refuse, and for reasonable attorneys' fees.
    (c) A person violating this Section is guilty of a Class B misdemeanor for which the court must impose a minimum fine of $500. A second conviction for an offense committed after the first conviction is a Class A misdemeanor for which the court must impose a minimum fine of $500. A third or subsequent violation, committed after a second conviction, is a Class 4 felony for which the court must impose a minimum fine of $500. A person who violates this Section and who has an equity interest in a motor vehicle used in violation of this Section is presumed to have the financial resources to pay the minimum fine not exceeding his or her equity interest in the vehicle. Personal property used by a person in violation of this Section shall on the third or subsequent conviction of the person be forfeited to the county where the violation occurred and disposed of at a public sale. Before the forfeiture, the court shall conduct a hearing to determine whether property is subject to forfeiture under this Section. At the forfeiture hearing the State has the burden of establishing by a preponderance of the evidence that property is subject to forfeiture under this Section.
    (d) The statutory minimum fine required by subsection (c) is not subject to reduction or suspension unless the defendant is indigent. If the defendant files a motion with the court asserting his or her inability to pay the mandatory fine required by this Section, the court must set a hearing on the motion before sentencing. The court must require an affidavit signed by the defendant containing sufficient information to ascertain the assets and liabilities of the defendant. If the court determines that the defendant is indigent, the court must require that the defendant choose either to pay the minimum fine of $500 or to perform 100 hours of community service.
(Source: P.A. 90‑655, eff. 7‑30‑98; 91‑409, eff. 1‑1‑00.)

    (720 ILCS 5/47‑20)
    Sec. 47‑20. Unplugged well. It is a Class A misdemeanor for a person to permit a water well, located on property owned by him or her, to be in an unplugged condition at any time after the abandonment of the well for obtaining water. No well is in an unplugged condition, however, that is plugged in conformity with the rules and regulations of the Department of Natural Resources issued under Section 6 and Section 19 of the Illinois Oil and Gas Act. This Section does not apply to a well drilled or used for observation or any other purpose in connection with the development or operation of a gas storage project.
(Source: P.A. 89‑234, eff. 1‑1‑96; 89‑445, eff. 2‑7‑96.)

    (720 ILCS 5/47‑25)
    Sec. 47‑25. Penalties. Whoever causes, erects, or continues a nuisance described in this Article, for the first offense, is guilty of a petty offense and shall be fined not exceeding $100, and for a subsequent offense is guilty of a Class B misdemeanor. Every nuisance described in this Article, when a conviction for that nuisance is had, may, by order of the court before which the conviction is had, be abated by the sheriff or other proper officer, at the expense of the defendant. It is not a defense to a proceeding under this Section that the nuisance is erected or continued by virtue or permission of a law of this State.
(Source: P.A. 89‑234, eff. 1‑1‑96.)

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